Jan Klempar

Bay 2/03 
Spring Place 
105 Commercial Road 
Southampton 
SO15 1EG 

Tel:        +44 (0)20 3817 2064 
Email:    

@mcga.gov.uk 

Your ref: 
Our  ref:

13029 
CE 17/2020 

2 October 2020 

Mr Andrew J Cox 
Acting Senior Coroner for Cornwall and Isles of Scilly 
The New Lodge 
Newquay Road 
Penmount 
Truro 
TR4 9AA 

By email only: cornwallcoroner@cornwall.gov.uk 

Dear Mr Cox 

Thank  you  for  your  letter  of  7 August  to  Brian  Johnson  enclosing  the  Regulation  28 
Preventing  Future  Deaths  report  for  Jan  Klempar  who  tragically  lost  his  life  whilst 
swimming in the sea at Porthcurno Cornwall in June this year. 

I refer to my letter of 2 September re (Gillian Davey and Michael Pender) that explained 
that  the  Maritime  and  Coastguard Agency  (MCA)  has  an  interest  in  maritime  safety 
generally,  because  we  coordinate  and  respond  to  search  and  rescue  missions. 
Therefore, we want to see fewer accidents and less demand on the emergency services.  

The provision of lifeguards on beaches is not the responsibility of the MCA as we do not 
have  any  statutory  or  specific  responsibilities  for  beach  safety;  RNLI  are  the  main 
provider of beach lifeguards on the coast. Beach Lifeguard Units are classified by the 
HM  Coastguard  as  additional  facilities  that  provide  a  service  for  the  local  council  or 
landowner. We can ask them to assist with the response to an incident, we cannot task 
them as we would for a RNLI lifeboat (lifeboats are a declared facility). In fact, lifeguards 
often find themselves in a position to inform the Coastguard operations centres of an 
incident, where additional assistance is required. 

This  year  we  have  been  working  closely  with  our  RNLI  partners  on  a  joint  publicity 
campaign to encourage the public to take personal responsibility, discouraging people 
from using inflatables and to dial 999 and call the Coastguard in an emergency. Also 
reminding the public that beach lifeguards can’t be everywhere this summer, please see 
HM  Coastguard  blogspot1  (posts  of  15  &  20  May).    RNLI  colleagues  will  be  able  to 
provide  a  more  detailed  answer  about  this  year’s  approach  taken  to  lifeguarding 
services.  

1 http://hmcoastguard.blogspot.com/  

 
 
 
 
 
 
 
 
 
 
                                                      
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 As  set  out  in  my  letter  of  2  October  in  response  to  your  matters  of  concern  for 
Mr A J Williamson (deceased):  

HM Coastguard have been working closely since the start of the pandemic with Surf Life 
Saving GB (SLSGB) who run a programme of Beach Safety services that range from 
the full lifeguarding provision to providing the public with advice about how to keep safe, 
by  raising  awareness  of  the  risks.  The  SLSGB  volunteers  are  providing  a  service  in 
some  areas  in  the  evenings  after  RNLI/other  lifeguards  have  left  for  the  day  as  an 
additional facility for the Coastguard (RNLI lifeguards normally work from 10am to 6pm 
and only at certain times of the year). 

To  help  provide  extra  surveillance  as  a  Category  1  responder  throughout  the  busy 
summer season, we have been deploying more HM Coastguard vehicle patrols to high 
risk areas to keep a look out for any incidents at the coast enabling a swift response to 
search and rescue if required. 

 Also  working  with  the  National  Water  Safety  Forum,  (HMCG  is  a  member)  guidance 
was  produced  providing  information2  for  beach  and  landowners  to  help  maintain  the 
safety of the public and staff on beaches during COVID-19. 

Information  about  beaches,  the  facilities  available  and  safety  measures  are  the 
responsibility of the landowners, the majority of which are local councils and the National 
Trust. Details about the facilities available and safety measures in in place can be found 
on most beach owners’ websites. 

The MCA fully supports your aim to prevent future deaths from drowning on the beaches 
in Cornwall. We want the public to enjoy them safely by taking personal responsibility 
by having an awareness of the risks. 

Yours sincerely 

Assistant Director  
Her Majesty’s Coastguard Policy & Standards 

2 https://nationalwatersafety.org.uk/advice-and-information/covid-19/

REGULATION 28: REPORT TO PREVENT FUTURE DEATHS 

Jan KLEMPAR, deceased 

RNLI Response 

Introduction/Background 

The  Prevention  of  Future  Deaths  Report  (PFD)  in  relation  to  Mr  Klempar,  as  well  the  PFD 
reports for Gillian Davey, Michael Pender and Anthony Williamson, all relate to fatalities at sea 
and raise wider questions about:  

•  The RNLI’s role in relation to safety on beaches;  
•  Broader legal responsibility for safety on beaches;  
•  How the RNLI provides its lifeguarding services; and   
•  The impact of Covid-19 on RNLI lifeguarding this year.   

This response therefore sets out a summary of the position in relation to those matters. As 
the Inquests have not yet taken place, evidence will be provided in due course in relation to 
the RNLI’s involvement in the circumstances surrounding each specific incident.   

RNLI role in relation to safety on beaches  

The vision  of the RNLI,  which  is  a  charity, is ‘to  end  preventable  loss  of  life  at  sea’. The 
implications of Covid-19 and lockdown resulted in the RNLI being unable to provide its full 
lifeguarding service this year. Notwithstanding this, it has been able to provide cover on over 
70%  of  its  normal  lifeguarded  beaches  and  is  doing  everything  in its  power  to  provide  a 
lifeguard service that protects beach users, whilst ensuring the safety of lifeguards on many 
beaches across the UK, including on beaches in Cornwall. 

At the outset of this response, we consider it important to note that whilst Porthcurno beach 
was not lifeguarded on 25 June 2020, there were signs in and around the beach warning of 
this and advising people not to swim in the sea. Further, RNLI Lifeboats did respond and assist 
at the request of the Falmouth Coastguard.  

Legal Responsibility   

Following the tragic deaths at Camber Sands in 2017, an independent report entitled “Review 
of  the  legal  responsibility  for  beach  safety” was carried  out  in  2019  for the Maritime and 
Coastguard  Agency. This  reviewed the  law  relating  to  the  legal  responsibility  for  safety  at 
beaches and  on  the foreshore. It  concluded  that  the law is  unclear  with  many  competing 
duties. Importantly, the report went on to hold: “…it does not automatically follow that either 
the Health and Safety at work Act or Occupier's Liability regime would apply. It is more likely 
than not that absent some specific circumstances, it would not bite. The consequence of which 
is that there is no regulatory or other duty which is applicable to ensure the safety of those 
using the Beach and they are therefore doing so at their own risk.”  (emphasis added).   

The  position  is  further  complicated  as  the  report  found  the  shore  and  foreshore  can  have 
different owners and management, and also that the foreshore can often be leased to other 
occupiers with sub-agreements. It can be even further complicated by the fact that a lifeguard 
service might be provided under contract to a council who wish to have a service although 
they are not the landowner or occupier.   

 
 
   
 
 
  
 
 
 
 
 
 
 
 It is against a backdrop of this framework that the RNLI, a charity, has provided lifeguarding 
services across the UK and Channel Islands since 2001.   

The report is clear that although the RNLI chooses to provide a lifeguarding service, it has no 
legal duty to do so. Importantly, it cannot provide any service unless the landowner/occupier 
requests or consents to it. It is entirely a matter for the landowner/occupier whether they ask 
and contract with the RNLI to provide a lifeguarding service, should they determine to provide 
a service as a risk control measure.    

The RNLI therefore provides a lifeguarding service to a landowner/occupier under a contract 
and  often  needs  consent  to  do  so  from  several  different  parties. However,  many  beaches, 
possibly  the  majority,  do  not  have  lifeguard  services. Further,  there  are other organisations 
beyond the RNLI who also provide lifeguarding services on beaches around the UK coast.  

Background to RNLI Lifeguarding Service   

Lifeguarding  goes  beyond  performing  rescues  and  lifeguards  are  primarily  deploying  a 
preventative approach both on and off the beach with education programmes informing beach 
visitors on how to stay safe and avoid getting into difficulty in the first place. 

In  2019,  there  were  248  RNLI  Beach  Lifeguard Units  (BLU) in  total.  During  2019, 
the estimated number of beach visitors to those 248 beaches patrolled by RNLI lifeguards was 
over  18  million  (18,609,232).   206,760  hours  of  supervised  beach  patrols  were  provided, 
performing  3,890,982  preventative  actions. 29,334  people were  assisted,  from  rescue  and 
casualty care to searches for missing persons and 154 lives were saved.    

The 248 BLUs include beaches that are split into two or more for patrol purposes; each part 
of the beach patrolled by a BLU will count towards the total number of beaches that the RNLI 
patrols.  For example, South Fistral beach and Fistral beach counts as two beaches within the 
248.  Lifeguards aim to reach anyone up to 300m from shore, within the red and yellow flags 
on RNLI-patrolled beaches, within 3½ minutes.  

When a beach is lifeguarded, it is only lifeguarded during certain hours, normally 10am to 6pm 
and only at certain times of the year.   

Cost of the Service/Funding  

The  lack  of  regulatory/legal  duty  to  provide  a  lifeguarding  service  means  the Local 
Authorities do not receive funding for providing such a service. Further, as it is not a statutory 
responsibility,  Councils  have  to primarily direct  their  budgets  to  the services which they  are 
legally  obliged  to  provide. The  difficulty Councils  have in  providing  funding to  the RNLI 
is compounded  by  the  reduction  in  central  government  grants  that Councils  receive;  these 
have been decreasing since 2010.     

Notwithstanding 
the 
service. However, the amount of payment amounts to a contribution rather than full cost for 
provision of the service.   

landowners  do  provide  some  payment 

this, Councils  and 

for 

The cost of providing a lifeguarding service is significant. Whilst there are 180 voluntary RNLI 
lifeguards the majority of the c.1,500 RNLI lifeguards are paid seasonal workers. Further, the 
amount  of  the  amount  of  equipment  needed  is  significant, including:  rescue boards, four-
wheel  drive  and  other  support  vehicles,  rescue  watercraft,  inshore  rescue  boats, first 
aid equipment and  personal  lifeguard  kit  such  as  wetsuits,  fleeces  and uniforms, as well 
as a dedicated full-time management  structure and  associated  support  costs  of  maintaining 
the workforce such as payroll and insurance.   

 
 
  
 
 
  
  
 
 
 
 
 There is also a need on all beaches for a unit/building for the lifeguards to operate out of. In 
2019, there were 56 permanent lifeguard buildings, 104 transient lifeguard units and a further 
274 additional permanent buildings or structures including support buildings, fixed container 
stores and rescue board bins. This equipment needs to be purchased, maintained and stored 
not only during the season, but also removed and then replaced at the end and start of the 
season. This  is  true  for  lifeguard  kit  and  vehicles  and  the  non-permanent  lifeguarding 
buildings.   

In depth training is also required for all lifeguards, whether they are returning having been a 
lifeguard  in  the  previous  season  or  are  new  to  lifeguarding. Training  includes rescue 
techniques,  through  to  casualty  care  and  equipment  training.  Recruitment  for  lifeguards 
started on 6 January 2020. In some areas, because of high numbers of lifeguards returning 
from previous seasons, recruitment may only take 4 to 6 weeks. However, some vacancies 
are  hard  to  fill  and therefore vacancies can remain until  the  season  commences. The 
training/on-boarding  process  for  lifeguards would normally only  start  two  weeks before the 
season commences.   

In  2019,  the  cost  of  providing  the  lifeguarding  service  was  £21m.  The  payments  by 
landowners/occupiers  was  £3.9m,  which was  less  than  20%  of  the  cost  of  providing  the 
service. The majority of funding for lifeguarding services therefore comes from donations and 
legacies, not from monies received pursuant to agreements with landowners/occupiers.   

Covid-19   

At the start of the pandemic on 9 March 2020, the RNLI set up a command/crisis team with 
Gold and Silver teams. The purpose of these teams was to assess and manage the impact of 
the pandemic, including setting organisational strategies, priorities and decision making, and 
ensuring  the  coordinated  and  consistent  implementation  of those decisions. Importantly,  it 
also  made  sure  that the  many interdependencies were considered. The  Gold  and  Silver 
teams are in addition to the normal Executive Team. There was also a Bronze team which 
consisted of the regional lifesaving leads and central support managers.  

Covid-19  had both immediate, short  term  and  medium  to  long  term  impacts on  lifeguarding 
services.   

Immediate effect   

Between 20 and 23 March 2020, the Government made a series of announcements which put 
the country in lockdown prior to Coronavirus Restriction Regulations coming into force on 26 
March  2020. Businesses  were  closed,  only  essential  travel  was  allowed,  social  gatherings 
stopped,  shielding  and  social  distancing  rules  were  introduced  together  with  stringent 
requirements for people to stay at home.  

At this point beaches, together with many other public spaces such as National Parks, were 
in effect closed and visitors actively discouraged. Landowners were locking beach car parks 
and facilities were closed including toilets, which are needed for lifeguards. The RNLI’s initial 
assessment,  which  it  actively  discussed  and  agreed  with  occupiers/landowners and  other 
stakeholders,  was  that providing  a  lifeguarding  service  would  be  inconsistent  with  the 
message being given to the public and would encourage people to visit patrolled beaches, and 
risked  providing  the  public  with  the  impression  that  beaches  were  ‘open’.  This  would  go 
against  the  Government's  clear  instruction  for  people  to  stay  at  home,  to  restrict  and  limit 
exercise/leisure time, maintain social distancing and not congregate in groups. Landowners 
did not want to encourage people to come to the beaches.  

  
  
 
 
 
  
  
 
 
  
 The RNLI was also regularly reviewing Public Health England guidance in relation to the use 
of equipment and PPE, in particular how work could safely be done where social distancing 
between  colleagues  was  not  possible (lifeguarding often requires working  in close  contact), 
and  with  a  lack  of  clear  guidance  on  how  to  and  when  to  carry  out  resuscitation 
safely. Lifeguards  would  ordinarily  receive training from  March  onwards,  but  this  had  to  be 
postponed until clear guidance was available and able to be implemented into RNLI systems, 
procedures and training. The difficulties associated with training lifeguards is demonstrated by 
the Non-Governmental Bodies that provide training in lifeguard qualifications having only just 
now,  in  September  2020,  started  to  reach  agreement  on  safe  systems  of  training  and 
assessment.  

The RNLI was also trying to understand how far the restrictions impacted issues relating to 
key  worker  status,  the  voluntary  sector,  contracted  services,  the  impact  on  statutory 
inspections and the use of equipment and travel. The situation was and continues to be further 
complicated by operating across multiple legal jurisdictions.   

Given these factors, on the 24 March 2020, the Gold team made the decision to pause the 
roll-out of the lifeguard service. At that point, 20 beaches across UK and the Channel Islands 
were due to go live that weekend, and a further 28 beaches due to go live in April. There was 
also one additional beach being patrolled, Crosby beach, which is patrolled 365 days of the 
year.  

This  also  meant  that  all  recruitment  and  training/on-boarding  for  lifeguards  and  roll-out  of 
equipment had to stop.   

Short term and Planning   

Although  the lifeguarding service was  paused, planning  immediately  began  on  how  the 
service  could  be  run  in  2020  and  by  31  March 2020, an  initial  options  paper  had 
been prepared for  consideration. The  options  ranged  from  providing  no  service  through  to 
trying to provide a service on all 248 beaches.   

During April, the options were fully worked-up and considered by Gold team, the Executive 
Team and the Trustees. It was agreed that lifeguarding would be provided on approximately 
48 beaches. The beaches that would be lifeguarded would be based on risk and professional 
judgement, ensuring a geographic spread across the UK and Channel Islands so that the UK 
beach  going  public  would  be  able  to  visit  an  RNLI lifeguarded beach  once  restrictions 
permitted. Of  those  48  beaches,  approximately  25  are  ‘Easter’  beaches  and  primarily 
southwest based. At the beginning of May, the plan was increased to cover 70 beaches having 
discussed the intention to provide cover across 70 beaches with the Maritime and Coastguard 
Agency.   

During April, the options were fully worked-up and considered by Gold team, the Executive 
Team and the Trustees. It was agreed that lifeguarding would be provided on approximately 
48 beaches. The beaches that would be lifeguarded would be based on risk and professional 
judgement, ensuring a geographic spread across the UK and Channel Islands so that the UK 
beach  going  public  would  be  able  to  visit  an  RNLI lifeguarded beach  once  restrictions 
permitted. Of  those  48  beaches,  approximately  25  are  ‘Easter’  beaches  and  primarily 
southwest based. At the beginning of May, the plan was increased to cover 70 beaches having 
discussed the intention to provide cover across 70 beaches with the Maritime and Coastguard 
Agency.   

  
 
 
 
 
 
 
 
 
 
 
 Limiting factors   

In  providing  any  service  in  the  short  term  and  medium  term,  the  RNLI  faced  significant 
challenges and dependencies. Those factors/dependencies included:  

Inability to dispose of medical waste as providers not providing a service   

Inability to wear PPE equipment and social distance whilst carrying out water rescues 

•  Ability to source PPE equipment required as operational control measures, given the 
Covid-19 risk to the workforce  
• 
but with a legal requirement to keep lifeguards safe   
•  Conflicting medical guidance from medical associations on if and when resuscitation 
should take place  
•  Landowners or occupiers closing beaches and not wanting a service  
•  Lack  of  welfare  facilities  for  lifeguards  –  often  toilet  facilities  were  closed  and,  for 
example in Cornwall, often not owned by the Landowner  
• 
•  Difficulties  in  getting  the  equipment  into  the  right  location  with  external  providers 
struggling to move equipment   
•  Matching timings with holiday parks   
•  Swimming  pools  that  are  important  to initial  and  ongoing  training  being  closed  and 
access still remains limited as at September 2020 
•  Deteriorating/changing beach conditions because the service had not been in place, 
for example sand drifts occurring which then required diggers to be brought in to create 
room for the lifeguard unit   
•  Need to ensure budgetary restraint given a decrease in donations and uncertainty as 
to how long that decrease would continue for 
•  Lack of lifeguards for specific beaches due to:  

o  Social  distancing  measures  limiting  lifeguard  training.  Priority  was  therefore 
given  to  returning  lifeguards  who  had  the  greatest and  most  recent  training 
and qualifications.  This  therefore  limited  the  pool  of  lifeguards  and  trained 
lifeguards were not evenly spread across the country.   
o  The majority of lifeguards (save for Lifeguard Supervisors) did not qualify for 
furlough as they were not employed and/or had not received pay by 19 March 2020 
which  was  a government requirement  to  qualify  for  furlough.  Lifeguards  are 
generally seasonal workers and therefore paid for each hour worked. As they were 
not  working,  they  did  not  qualify  for  pay. The  RNLI  did fund  its  own  ex-
gratia retention payments to lifeguards to try and support them, but many had no 
option  but  to  seek alternative  employment, which  then  meant  they  were  not 
available for lifeguarding duties.   

Government   

At  the  same  time  as  planning  the  service within  the  constrictions  set  out  above,  the  Chief 
Executive wrote to the Prime Minister and the Department of Transport explaining that it would 
be impossible to deliver an immediate full service: the level of lifeguarding service which it 
could provide would depend on the amount of notice the RNLI was given of the relaxing of 
public restrictions.  

The Chief Executive requested advance notification of the Government’s future planning and 
policy so that the RNLI could get ready to save lives once again.  

The response was that the Department of Transport would liaise with the RNLI via the Maritime 
and Coastguard Agency to ensure as much advance notice as possible was given. However, 
regrettably,  no  such  notice  was  given,  and  the  RNLI  was  notified  at  the  same  time  as  the 
public. Hairdressers were given more advance notice than the RNLI about the re-opening of 
the  sectors  in  which  they  operated  than  the  RNLI  was  about  the  relaxation  of  public 
restrictions. 

 
  
 
 
 
 The Chief Executive also raised the issue of the lifeguards’  qualification criteria for furlough 
and the response was to engage with HMRC, however, the Chancellor had already made his 
position clear.   

Medium term   

In May 2020, planning work was ongoing including casualty care mitigations, and guidance 
for  lifeguards  during  the  Covid-19  pandemic  was  being  produced. Revised  contract 
negotiations with Councils were required, in particular around some of the challenges to agree 
protocols for the lifeguards’ safe return to work as facilities such as lavatories and car parks 
remained closed. A Governance group and Lifeguard Stakeholder group were established to 
ensure lifeguard services could be rolled out safely, ensuring any dependency issues were 
resolved. These  groups  were  subordinate  to  and  fed  into  the  Silver  team. Nine  tests  were 
developed  to  ensure  lifeguard  services  could  be  rolled  out  safely  including:  Government 
restrictions allowing people to use the beaches creating a legitimate need; Government rules 
allowing practices that would facilitate the responsible delivery of a service; capacity existing 
for  testing  of  staff;  Trustee  and  ET  approvals  in  place; resources  being  available  including 
people, equipment  and  infrastructure;  support  teams  to  be  mobilised  and  sustained  for  the 
duration of any deployment; social distancing could be maintained between the teams and the 
public;  appropriate  PPE  was available;  and  teams  remained  willing  to  work  based  on  their 
assessment of risk.   

At a Gold meeting on 27 May 2020, it was proposed to look at extending the service beyond 
70 beaches. This proposal was subsequently approved by Trustees on the basis that the initial 
70  beach  model  was  now  proven. Plans  were  put  in  place  to  rollout  to  an  additional  100 
beaches by early July, providing cover on c. 170 beaches for the peak season. Work was then 
undertaken  to  identify  the  additional  beaches  and  ensure  they  could  be  lifeguarded  safely. 
The rollout of those beaches took place in the period June to August alongside the ongoing 
rollout to the initial 70 beaches.  

Agreement and Communication of these decisions   

The RNLI worked with the relevant landowner/occupier to discuss which beaches could be 
covered.   

Initially, the landowner/occupier was informed that the service was suspended. The RNLI then 
discussed  the  proposed  beach  cover  with  the  landowner/occupier  and  if  requested 
and possible, agreed which  beach(es)  would  be  covered and  when  as  part  of  the  re-
introduction of lifeguarding services. In relation to Cornwall, the beach cover was agreed with 
the County Council. Discussions also took place with various bodies including the Police, HM 
Coastguard and Surf Lifesaving clubs.  

Question 1  

“I  have  previously  written  drawing  to  your  attention  my  concerns  about  a  reduced  level  of 
lifeguard cover on Cornish beaches (Pender deceased.) I understand that from a position of 
no lifeguard cover (Whitsun Bank Holiday) there is now some service at a number of the main 
beaches. It is not clear to me whether the level of service will be further increased to 2019 
levels or whether there will be a reduced service for the rest of the summer season?” 

 
 
 
 
 
 
 
 
 
 
 
 
 
 Coverage  

the  reasons  set  out above,  Covid-19  has  caused  a  reduction 

For 
of RNLI lifeguarding cover in comparison to 2019.   

in 

the 

level 

As previously set out in our letter dated 24 July 2020, on 24 June 2020 the RNLI announced 
its  intention  to  provide  lifeguard  cover  on  more  than  70%  of  beaches that  are  normally 
lifeguarded, by the start of July.   

As we approach the end of the season, a total of 177 beaches have been provided with cover 
in  2020.  In  Cornwall,  cover  has  been  provided  on  47  beaches  compared  with  58  in  2019, 
equating to 80% of Cornwall beaches that are normally lifeguarded. 

Question 2 

“Is there a published plan available to the public that sets out where lifeguard cover will be 
provided and specifies the beaches, if any, that will either have a reduced service or no service 
this year in comparison to 2019? Given the difficulties with international travel currently, and 
the  consequent  likelihood  of  high  numbers  of  tourists  in  Cornwall,  it  seems  to  me  this 
information needs to be made readily available so the public can inform themselves of the 
risks of bathing at a given beach.”  

In our letter dated 24 July 2020, we set out that there have been numerous announcements 
setting out which beaches would be patrolled and by what date. The RNLI’s local media team 
in  Cornwall  worked  very  closely  with  Cornwall  County  Council’s  media  department  and 
announcements/press  releases  frequently  appeared  on  Cornwall  County  Council’s  website 
giving updates as beaches were added. For example:  

https://www.cornwall.gov.uk/council-and-democracy/council-news-room/media-
releases/news-from-2020/news-from-june-2020/cornwall-s-lifeguard-cover-increases-but-
please-be-safe-and-socially-distant-when-visiting-beaches/  

The beach safety page on Cornwall County Council’s website also gives a full list of beaches 
with dates:  

https://www.cornwall.gov.uk/leisure-and-culture/beaches-in-cornwall/beach-safety/  

The  detail  was  also  published  on  the  RNLI  website  along  with  announcements  on  local 
newspapers such as Cornwall Live. Further, as stated in the Prevention of Future Death report 
in relation to Mr Pender:  

“There have been numerous reports on social media and in the general press of volunteers 
from  surf  lifesaving  clubs  and  elsewhere  performing  rescues  or  intervening  to  prevent  an 
incident from developing.”  

Those media reports included details of the fact that beaches were not lifeguarded.    

Both Cornwall County Council and the RNLI included safety messages on social media. For 
the  RNLI  that  included  messages  on  14  Cornwall  Lifeboat  station  pages  and  6  Cornwall 
lifeguard area social pages. The messages were also shared on local radio and TV.   

At a national level, a beach safety campaign was undertaken by the RNLI and HM Coastguard. 
This was launched on 21 May 2020. The campaign made it clear that beach lifeguards could 
not be everywhere this summer and urged everyone to follow advice. The message was clear. 

 
  
  
 
 
  
  
  
  
  
  
  
  
 It stated the public need to be aware of dangers, take responsibility for themselves and their 
loved ones and remember that, in an emergency, to call 999 and ask for the Coastguard.   

The  campaign  also  stated  if  the  RNLI’s  lifeguards  were  present  on  the  beaches  as 
normal,   they  would  be  preventing  many  incidents  before  they  even  occurred  by  directing 
people to safe swimming areas, highlighting dangers such as rip currents and advising people 
not to use inflatables. The campaign highlighted that people could find themselves in danger 
if they did not follow the relevant safety advice.  

The message also stated that:   

‘It is important that anyone visiting the coast understands that the beach can be a dangerous 
environment and you must take more responsibility for you and your family this summer…’  
https://rnli.org/news-and-media/2020/may/21/rnli-and-hm-coastguard-launch-beach-safety-
campaign   

Question 3 

“Where  there  may  be  a  reduced  or  no  lifeguard  cover  at  particular  beaches,  is  there  a 
published  plan  specifying  how  any  shortfalls  may  be  mitigated  through  the  provision  of 
additional resource from the coastguard or other emergency provider?” 

In  April  2020,  the  RNLI  started  work  on  what  steps  could  be  taken  to  try  and  mitigate  the 
absence of lifeguards on beaches. However, as set out above, any legal responsibility for the 
public’s use of beaches is a matter for the landowner/occupier.     

The RNLI undertook a significant number of preventive measures including:  

•  Providing roving patrols for unguarded beaches from nearby beaches  
•  Observational patrol and casualty care  
•  Allowing the community access to RNLI rescue equipment  
•  Reviewing beach signage with local landowners  
•  Where possible, putting out bespoke signage on A-Frame boards on the unguarded 
beaches each day   
•  Local social media and PR campaigns  
•  Regional media and PR campaigns supported at a local level  
•  Regional and local information campaigns in conjunction with the HM Coastguard 
•  Leaflets and information delivered to local stakeholders and partners for distribution  
•  On higher risk beaches, checking emergency access and reporting any concerns to 
HM Coastguard 
•  Looking for emerging situations and providing information to HM Coastguard via the 
non-emergency line. For example, anything that may be useful to their decision-making 
process such as if there was a significant chance of tidal cut off or significant numbers of 
people  on  a  beach  which  could  hamper  a  response  or  local  conditions  which  were 
concerning (large rips, tidal surges etc).  
•  Working with local surf life savings clubs  
•  Co-authored  guidance for  local  authorities,  owners,  managers  and  operators  on 
maintaining  the  safety  of  the  public and  staff  on  coastal  beaches  during  Covid-19.  The 
guidance outlined the planning and practical steps to reduce risk from drowning and water-
related injury.  

Partner organisations also took measures to prevent drowning. By way of example Cornwall 
County Council gave grants to Surf Lifesaving Clubs, via the umbrella organisation, to enable 
them to provide kit on beaches that would normally be lifeguarded by the RNLI.  

 
 
 
  
  
  
 
 The RNLI believes that it and its partners including the County Council, HM Coastguard and 
the Police put out a significant and widespread number of press releases and/or details on 
websites, informing the public that there was limited lifeguard cover, confirming which beaches 
had cover, the dates of that cover and providing a link to the RNLI website which set out all 
this information.     

Further,  beach  safety  education  has  not  been  confined  to  this  summer  and  the  current 
circumstances. Considerable time, effort and resource have gone into water safety education 
by  many  organisations  over  the  years.  Specific  to  the  presence  of  lifeguards  is  the  swim 
between the flags message and that the absence of flags means no lifeguards.  

The RNLI entirely aligns itself with and supports your desire to prevent the recurrence of future 
deaths by drowning on Cornish beaches.